| (a) Request for criminal history evaluation letter.
(1) A person may request the Agency issue a criminal
history evaluation letter regarding the person's eligibility for a
license issued by the Agency if the person:
(A) is enrolled or planning to enroll in an educational
program that prepares a person for an initial license or is planning
to take an examination for an initial license; and
(B) has reason to believe that the person is ineligible
for the license due to a conviction or deferred adjudication for a
felony or misdemeanor offense.
(2) The request must state the basis for the person's
potential ineligibility, provide the information set out in subsection
(b) of this section, include all pertinent court documentation including
certified copies of all court indictments and/or judgments, and orders,
and an explanation of the circumstances and events of the criminal
action that led to the conviction or sentence.
(3) The fee for a preliminary evaluation of license
eligibility shall be $100.
(4) To be considered complete, the request must include
the appropriate fee and state the circumstances establishing the requestor's
eligibility under paragraph (1) of this subsection.
(5) The Agency may require additional documentation
including fingerprint cards before issuing a criminal history evaluation
letter.
(6) If a requestor does not provide all required and
requested documentation within one year of submitting the original
request, the requestor must submit a new request along with the appropriate
fee.
(b) Factors considered. After determining a conviction
directly relates to a license issued by the Agency, the Agency considers
the following evidence in determining whether the person is eligible
for a license issued by the Agency. Accordingly, the requestor should
provide information on the following:
(1) The extent and nature of the person's past criminal
activity.
(2) The age of the requestor at the time of the commission
of the crime.
(3) The amount of time that has elapsed since the requestor's
last criminal activity.
(4) The conduct and work activity of the requestor
prior to and following the criminal activity.
(5) Evidence of the requestor's rehabilitation or rehabilitative
effort while incarcerated or following release.
(6) Evidence of the person's compliance with any conditions
of community supervision, parole, or mandatory supervision.
(7) Other evidence of the requestor's present fitness,
including letters of recommendation, may also be provided and considered,
including letters from prosecution, law enforcement, and correctional
officers who prosecuted, arrested, or had custodial responsibility
for the requestor; the sheriff and chief of police in the community
where the requestor resides; and any other persons in contact with
the requestor.
(8) It shall be the responsibility of the requestor
to the extent possible to secure and provide to the Agency the letters
of recommendation described by paragraph (7) of this subsection.
(c) Investigation of request. The Agency has the same
authority to investigate a request submitted under this section as
it has to investigate a person applying for a license.
(d) Determination of eligibility; letter.
(1) If the Agency determines that a ground for ineligibility
does not exist, the Agency shall notify the requestor in writing of
the Agency's determination on each ground of potential ineligibility.
(2) If the Agency determines that the requestor is
ineligible for a license, the Agency shall issue a letter which complies
with the requirements of Texas Occupations Code, §53.026(b) and §53.104(b),
setting out each basis for potential ineligibility and the Agency's
determination as to eligibility.
(3) In the absence of new evidence known to but not
disclosed by the requestor or not reasonably available to the Agency
at the time the letter is issued, the Agency's ruling on the request
determines the requestor's eligibility with respect to the grounds
for potential ineligibility set out in the letter.
(4) The notice under paragraph (1) of this subsection
or the letter under paragraph (2) of this subsection shall be issued
by the Agency within 90 days of the requestor satisfying all of the
Agency's requests for information to complete the criminal history
evaluation letter request.
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